Patna Court February 2005 Judgments
Sri Jai Shankar Mandal @ Jai Shankar Kumar Kushwaha and anr. Vs. Kaila ...
Court: Patna
Decided on: Feb-24-2005
S.N. Hussain, J.1. The petitioners are defendants in Title Suit No. 134 of 2003 which was filed by the sole opposite party for specific performance of contract on the basis of agreement dated 8.10.2002 for sale of the suit premises by the defendants to the plaintiff in lieu of Rs. 2,25,000/- out of which Rs. 1,50,000/- was claimed to have been paid.2. The petitioners are aggrieved by the impugned order dated 23.11.2004 passed in the aforesaid suit by which the learned First Subordinate Judge, Munger, allowed the petition of the plaintiff (opposite party) dated 25.5.2004 and rejected the written statement filed by the defendants (petitioners) on 6.5.2004.3. The short admitted facts of the case are that the said suit was filed in the year 2003 and summons were sent and were allegedly refused by the defendants (petitioners) on 1.10.2003, whereafter steps for substituted service were taken and the defendants appeared in the suit on 14.1.2004. Thereafter, the Court allowed the defendants' ...
Tag this Judgment!Gopal Saran Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-24-2005
Mridula Mishra, J.1. This application has been filed for quashing the order dated 13.3.2001 passed by the Joint Director, Consolidation, Muzaffarpur (respondent No. 2) in Consolidation Revision No. 1478 of 1998 and also the order dated 12.12.1988 passed in appeal No. 140 of 1987 by the Dy. Director, Consolidation, Sitamarhi, (respondent No. 3).2. By these two orders the order dated 23.1.1986 passed by the Consolidation Officer, Riga, in Consolidation Case No. 7 of 1984 passed in favour of the petitioner has been set aside. The dispute relates to right, title and interest of the petitioner as well as respondent No. 4 over 27 decimals land of R.S. Plot No. 110 and 8 decimals land of R.S. Plot No. 109 of Revisional Survey khata No. 122 of village Ashagi in the district of Sitamarhi.3. Admitted case of the petitioner and respondent No. 4 is that originally C.S. Plot No. 126 measuring 2.62 acres, C.S. Plot No. 140 measuring 1.90 acres and C.S. Plot No. 142 measuring 1.18 acres belonged to ...
Tag this Judgment!Suryodeo Yadav and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-24-2005
Mridula Mishra, J.1. This application has been filed for quashing the order dated 28.2.1995 passed by the Circle Officer, Raghunathpur, by which the application filed by respondent No. 4 for issuance of Basgitparcha with respect to 6 decimals land of plot No. 1216 khata No. 149, of village Usuribujurg in BPPHT Act case No. 13 of 1994-95 has been allowed and direction has been issued for issuance of parcha in favour of respondent No. 4. Further prayer of the petitioners is for quashing the order dated 6.11.2001 passed by the Collector, Siwan, in BPPHT Act case No. 290 of 1999 in exercise of the revisional jurisdiction.2. Respondent No. 4 who is practitioner of Ayurvedic Medicine, filed an application before the Circle Officer, Reghunathpur, on 10.2.1995 stating that the land of khata No. 131, plot No. 1216 measuring 7 dhoors is in his possession for continuous 12 years and he is residing over the land after constructing a house. As such, Basgitparcha may be issued in his favour with re...
Tag this Judgment!Sajjad HussaIn Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-22-2005
Barin Ghosh, J.1. Heard learned counsel for the parties.2. The death of the Government employee occurred in 1984. The widow of the Government employee then applied in 1985 for a compassionate appointment in favour of the second son of the deceased Government employee, namely, the petitioner herein. At that time or immediately thereafter the first son of the deceased Government employee claimed that the applicant widow of the deceased Government employee was divorced by the Government employee during his lifetime. In view of such contention of the first son of the deceased Government employee, neither the application for giving compassionate appointment to the petitioner, nor the terminal dues payable to the family of the Government employee could be settled. Because of such contention of the first son of the deceased, a civil litigation was instituted which was terminated in 1989 in favour of the widow declaring that she was not divorced by the deceased Government employee during his ...
Tag this Judgment!Ashok Kumar Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-22-2005
Narayan Roy, J.1. Heard counsel for the parties.2. A grievance has been made on behalf of the petitioner against the order, as contained in letter 895 dated 11.12.2001, issued under the signature of the Executive Engineer, Minor Irrigation Division, Bettiah, whereby and whereunder services of the petitioner have been dispensed with effect from 10.1.2002 due to non-availability of work in the Division.3. Learned counsel for the petitioner submitted that the petitioner has worked under the respondents on daily wage since 1982 and instead of regularising his services, he has been terminated. It is further submitted that exigencies of work are there, as the work to be rendered by the petitioner and Ors. was perennial in nature, and, therefore, the authorities were required to allow the petitioner on daily wage. It is also submitted that some of the similarly situated persons have been regularised pursuant to order passed by the Apex Court, as contained in Annexure 6.4. No counter affidavi...
Tag this Judgment!Sasamusa Sugar Works Ltd. Vs. State of Bihar
Court: Patna
Decided on: Feb-21-2005
Aftab Alam, J.1. The petitioner, a company incorporated under the Indian Companies Act, is engaged in the manufacture and sale of sugar. It has its sugar factory at Sasamusa in the district of Gopalganj. In this writ petition the petitioner seeks to challenge the letters dated January 1 and January 6, 2005 (Annexures 2 and 1 respectively) issued by the Cane Officer, Motihari. By the impugned letters the petitioner was directed to immediately close down the sale centre (for purchase of sugar canes) set up by it in village Barharwa Khurd. According to the impugned letters the sale centre in village Barharwa Khurd was set up by the petitioner illegally and in violation of the statutory provisions. The petitioner was, therefore, warned and threatened that in case it did not close down the centre it would be shut down by use of force and action would be taken against the petitioner under Section 52 of the Bihar Sugar Cane (Regulation of Supply and Purchase) Act, 1981.2. The material facts ...
Tag this Judgment!Trilokee Prasad Verma Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-21-2005
Mridula Mishra, J.1. Petitioner has filed this application for a direction to pay pension, gratuity and unutilised leave encashment amount calculating on the basis of last pay drawn. His further prayer is for quashing.(1) Order contained in letter Nos. 2676 and 2679 dated 18.10.1993 (Annexures 18 and 19), reducing pay scale with effect from 1.4.1981 as well as directing the Accountant General, Bihar, to recover excess payment from gratuity and pension.(2) Letter No. 3245 dated 3.12.2003 (Annexure-21) issued by the District Accounts Officer, Muzaffarpur, directing the Treasury Officer, Muzaffarpur, to deduct/recover Rs. 98872/- from pension/gratuity amount payable to the petitioner.(3) Letter No. 2615 dated 4.12.2004 issued by the District Provident Fund Officer, Muzaffarpur, whereby he has scrapped his earlier Memo No. 2676 dated 18.10.2003 (Annexure-18) and restore his earlier letter No. 268 dated 30.8.2002 (Annexure-15).(4) Letter No. 268 dated 30.8.2003 (Annexure-15) issued by the ...
Tag this Judgment!Sanjay JaIn and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-21-2005
Radha Mohan Prasad, J.1. Despite repeated calls, none has appeared on behalf of the petitioner to press this miscellaneous application.2. However, learned counsel appearing for opposite party No. 2 has contended that there is no merit in the miscellaneous application as the petitioners have prayed for quashing of the entire complaint case instituted for the offences under Section 406/420/120B of the Indian Penal Code mainly on the ground of lack of territorial jurisdiction besides that the matter involves simple breach of contract and no case for any offence under the Penal Code is made out.3. As regards territorial jurisdiction, learned counsel for opposite party No. 2 has placed reliance on a decision of the Apex Court in the case of Trisuns Chemicals Industry v. Rajesh Agarwal, reported in, (1999) 8 SCC 686, in which the Apex Court has held that quashing on the ground that the Magistrate who took cognizance had no territorial jurisdiction to try the case was improper and premature....
Tag this Judgment!Chandrama Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Feb-18-2005
Ghanshayam Prasad, J.1. Both appeals arise out of the same judgment and order dated 20.12.2002 passed by Shri N.P. Singh, Additional District and Sessions Judge, Sasaram in Sessions Trial No. 582 of 1997. Six persons including these appellants were put on trial for committing dowry death out of whom two ladies accused, namely, Deo Ratan Devi and Mira Devi have been acquitted. Rest four accused persons who are appellants have been convicted under Sections 304B and 201, IPC and are sentenced to undergo rigorous imprisonment for ten years under Section 304B, IPC and rigorous imprisonment for two years under Section 201, IPC with a direction that both the sentences shall run concurrently.2. The prosecution story as revealed in Fardbeyan Ext. 1 lodged by Smt. Shanti Devi (P.W. 4) is as follows : The deceased Ram Kali Devi, daughter of the informant was married with accused appellant Upendra Singh in the year 1992-93. After two years of the marriage the ceremony of Donga (second marriage) w...
Tag this Judgment!Md. Ozair Ghaffari and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-17-2005
Mridula Mishra, J.1. Since in both the writ applications petitioners are same and respondent No. 4 in both the writ applications are brothers who have filed application for declaration of their bataidari right under Section 48-E of the Bihar Tenancy Act, by a similar order passed in Bataidari Appeal No. 64 of 1994 and Bataidari Appeal No. 65 of 1994, the Collector, Kishanganj, has allowed the appeal with similar finding, as such, both the writ applications are being heard the disposed of by this common order. 2. The land in dispute in C.W.J.C. No. 14860 of 2001 is appertaining to khata No. 37, plot Nos. 477, 469 and 465 measuring 4.84 acres of village Dubrikhas and the land in dispute in C.W.J.C. No. 14955 of 2001 is the land of khata No. 37, plot Nos. 69 and 465 measuring 4.83 acres of village Dubrikhas. Respondent No. 4 in both the writ applications, who are brothers, filed an application on 20.2.1992 before the Dy Collector Land Reforms, Kishanganj, under Section 48-E of the Bihar ...
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